ML17219A239

Forwards Affidavit Identifying Proprietary Nature of 861017 Application for Amend to License DPR-67,changing Nominal Active Fuel Length Limits.New Exxon Nuclear Co,Inc,Fuel Rod Design More Resistant to Fretting Type Failures

ML17219A239
Person / Time
Site:	Saint Lucie
Issue date:	11/26/1986
From:	Woody C FLORIDA POWER & LIGHT CO.
To:	Thadani A Office of Nuclear Reactor Regulation
References
L-86-477, NUDOCS 8612040039
Download: ML17219A239 (8)

Text

REGULATORY IN NATION DISTRIBUTION SYBT (R IDB)

ACCESSION NBR: 8612040039 DOC. DATE: 86/11/26 NOTARIZED: YES DOCKET 0 FACIL: 50-335 St. Lucie Plant> Unit ii Florida Power 5 Light Co. 05000335 AUTH. NANE AUTHOR AFFILIATION WOODY'. O. Florida Power Sc Light Co.

RECIP. NANE REC IP IENT AFFILIATION THADANI,A. C. PNR Prospect Directorate 8

SUBJECT:

Forwards affidavit identifying proprietary g nature, of 861017 application for amend to License DPR-67> changing nominal active fuel length limits. New Exxon Nuclear Coi Inc, fuel rod design more resistant to fretting type failures.

DISTRIBUTION CODE: A001D COPIES RECEIVED: LTR ENCL SIZE:

TITLE: OR Submittal: General Distribution NOTES:

RECIPIENT COPIEB RECIPIENT COP IEB ID CODE/NAME LTTR ENCL ID CODE/MANE LTTR ENCL PNR-B EB 1 1 PWR-B PEICBB 2 2 PNR-B FOB 1 1 PWR-B PDS L* 0 PWR-B PDS PD 01 5 5 TOURIQNYi E 1 1 PNR-B PEICSB 1 1 PWR-B RBB 1 INTERNAL: ADN/LFMB 1 0 ELD/HDS2 0 1 1 NRR/ORAB 1 0 04 1 RQN2 1 EXTERNAL: EQM BRUBKE> S 1 1 LPDR 03 1 NRC PDR 02 1 1 NSIC 05 1 TOTAL NUNBER OF COPIES REQUIRED: LTTR 23 ENCL 19

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P. O. B 4000, JUNO BEACH, FL 3340B FLORIDA POWER & LIGHT COMPANY 50VEMBER 86 1986 L86-477 Office of Nuclear Reactor Regulation Attention: Mr. Ashok C. Thadani, Director PWR Project Directorate $38 Division of PWR Licensing-B U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Dear Mr. Thadani:

Re: St. Lucie Unit I Docket No. 50-335 Active Fuel Len th By letter L-86-423, dated October l7, l986, Florida Power 8c Light Company (FPL) submitted a proposed license amendment to change the nominal active fuel length limits of St. Lucie Unit I Technical Specification 5.3.l. This amendment is intended to permit the loading of fuel with a nominal active fuel length between l34.l and l36.7 inches. The amended active fuel length requirements will permit the use of a'fuel rod design that is more resistant to fretting type failures than the present design.

The proposed license amendment contained proprietary information which was identified as such in our October l7, l986 letter. Additionally, FPL had executed an affidavit identifying the information as proprietary. Subsequent to our submittal, your staff requested an affidavit discussing the proprietary nature of the amendment information from the fuel vendor, Exxon Nuclear Company, Inc.

The requested affidavit is attached.

Please contact us if you have any further questions about this submittal.

Very truly yours, o

. O. W dy Group Vice President Nuclear Energy COW/E JW/gp Attachrnent cc: Dr. J. Nelson Grace, Region II, USNRC Mr. Alan Schubert, Flordia Dept. of Health and Rehabilitative Services ool Harold F. Reis, Esquire, Newman & Holtzinger EJW2/Ol 9/I, 8+i204'0039 ~h> l26 PDR ADOCK 05000335 p PDR~ PEOPLE... SERVING PEOPLE I

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AFF I DAVIT STATE OF Washington )

COUNTY OF Benton )

I, Gary J. Busselman, being duly sworn, hereby say and depose:

1. I am Manager, Fuel Design, for Exxon Nuclear Company, Inc.

("ENC"), and as such I am authorized to execute this Affidavit.

2. I am fami liar with ENC's detailed document control system and policies which govern the protection and control of information.

3. I am familiar with the document XN-NF-SK-301,987, entitled "Fuel Rod Assembly," referred to as "Document." Information contained in this Document has been classified by ENC as prop'rietary in accordance with the control system and policies established by ENC for the control and protection of information.

4. The Document contains information of a proprietary and con-fidential nature and is of the type customarily held in confidence by ENC and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in the Document as being proprietary and confidential.

5. The Document has been made available to the U.S. Nuclear Regulatory Commission in confidence, with the request that the information contained in the Document not be disclosed or divulged.

6. The Document contains information which is vital to a com-petitive advantage of ENC and would be helpful to competitors of ENC when competing with ENC.

7. The information contained in the Document is considered to be proprietary by ENC because it reveals certain distinguishing aspects of PWR fuel design which secure competitive advantage to ENC for fuel design optimization and marketability, and includes information utilized by ENC in its business which affords ENC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the Document.

8. The disclosure of the proprietary information contained in the Document to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it extremely valuable insights into PWR fuel design and would result in substantial harm to the competitive position of ENC.

9. The Document contains proprietary information which is held in confidence by ENC and is not available in public sources.

10. In accordance with ENC's policies governing the protection and control of information, proprietary information contained in the Document has been made available, on a limited basis, to others outside ENC only as required and under suitable agre'ement providing for non-disclosure and limited use of the information.

ll. ENC policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

8

12. This Document provides information which reveals PWR fuel design developed by ENC over the past year. ENC has invested significant dollars and man-months of effort in developing the PWR fuel design revealed in the Document. Assuming a competitor had available the same background data and incentives as ENC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as ENC.

THAT the statements made hereinabove are, to the best of my knowledge, information, and belief, truthful and complete.

FURTHER AFFIANT SAYETH NOT.

G. J. Busselman SWORN TO AND SUBSCRIBED before me this day of

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